Senate Study Bill 1189 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act making modifications to the sex offender registry and 1 the statute of limitations for sex abuse offenses, creating 2 a missing children safety fund, and making appropriations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2091XC (16) 85 jm/rj
S.F. _____ DIVISION I 1 SEX OFFENDER REGISTRY MODIFICATIONS 2 Section 1. Section 692A.102, Code 2013, is amended to read 3 as follows: 4 692A.102 Sex offense classifications. 5 1. For purposes of this chapter , all individuals required 6 to register shall be classified as a tier I, tier II, or tier 7 III offender pursuant to section 692A.102B . Convictions of 8 more than one sex offense which require registration under this 9 chapter but which are prosecuted within a single indictment 10 shall be considered as a single offense for purposes of 11 registration. For purposes of this chapter , sex offenses are 12 classified into the following tiers the following : 13 a. Tier I offenses include a conviction for the following 14 sex offenses: 15 (1) 1. Sexual abuse in the second degree in violation of 16 section 709.3, subsection 2 , if committed by a person under the 17 age of fourteen. 18 (2) 2. Sexual abuse in the third degree in violation of 19 section 709.4, subsection 1, 3, or 4 , if committed by a person 20 under the age of fourteen. 21 (3) 3. Sexual abuse in the third degree in violation of 22 section 709.4, subsection 2 , paragraph “a” or “b” , if committed 23 by a person under the age of fourteen. 24 (4) 4. Sexual abuse in the third degree in violation of 25 section 709.4, subsection 2 , paragraph “c” . 26 (5) 5. Indecent exposure in violation of section 709.9 . 27 (6) (a) 6. a. Harassment in violation of section 708.7, 28 subsection 1, 2, or 3 , if a determination is made that the 29 offense was sexually motivated pursuant to section 692A.126 . 30 (b) b. Stalking in violation of section 708.11 , if a 31 determination is made that the offense was sexually motivated 32 pursuant to section 692A.126 , except a violation of section 33 708.11, subsection 3 , paragraph “b” , subparagraph (3) , shall be 34 classified a tier II offense as provided in paragraph “b” . 35 -1- LSB 2091XC (16) 85 jm/rj 1/ 16
S.F. _____ (c) c. Any other indictable offense in violation of chapter 1 708 if the offense is committed against a minor and if a 2 determination is made that the offense was sexually motivated 3 pursuant to section 692A.126 . 4 (7) 7. Pimping in violation of section 725.2 if the offense 5 was committed against a minor or otherwise involves a minor 6 and if a determination is made that the offense was sexually 7 motivated pursuant to section 692A.126 . 8 (8) 8. Pandering in violation of section 725.3, subsection 9 2 , if a determination is made that the offense was sexually 10 motivated pursuant to section 692A.126 . 11 (9) 9. Any indictable offense in violation of chapter 12 726 if the offense is committed against a minor or otherwise 13 involves a minor and if a determination is made that the 14 offense was sexually motivated pursuant to section 692A.126 . 15 (10) (a) 10. a. Dissemination or exhibition of obscene 16 material to minors in violation of section 728.2 or telephone 17 dissemination of obscene material to minors in violation of 18 section 728.15 . 19 (b) b. Rental or sale of hard-core pornography, if delivery 20 is to a minor, in violation of section 728.4 . 21 (11) 11. Admitting minors to premises where obscene 22 material is exhibited in violation of section 728.3 . 23 (12) 12. Receipt or possession of child pornography in 24 violation of 18 U.S.C. § 2252. 25 (13) 13. Material containing child pornography in 26 violation of 18 U.S.C. § 2252A. 27 (14) 14. Misleading domain names on the internet in 28 violation of 18 U.S.C. § 2252B. 29 (15) 15. Misleading words or digital images on the internet 30 in violation of section 18 U.S.C. § 2252C. 31 (16) 16. Failure to file a factual statement about an alien 32 individual in violation of 18 U.S.C. § 2424. 33 (17) 17. Transmitting information about a minor to further 34 criminal sexual conduct in violation of 18 U.S.C. § 2425. 35 -2- LSB 2091XC (16) 85 jm/rj 2/ 16
S.F. _____ (18) Any sex offense specified in the laws of another 1 jurisdiction or any sex offense that may be prosecuted in 2 federal, military, or foreign court, that is comparable to an 3 offense listed in subparagraphs (1) through (17). 4 (19) Any sex offense under the prior laws of this state or 5 another jurisdiction, or any sex offense under prior law that 6 was prosecuted in a federal, military, or foreign court, that 7 is comparable to an offense listed in subparagraphs (1) through 8 (17). 9 b. Tier II offenses include a conviction for the following 10 sex offenses: 11 (1) 18. Lascivious acts with a child in violation of 12 section 709.8, subsection 3 or 4 . 13 (2) 19. Solicitation of a minor to engage in an illegal sex 14 act in violation of section 705.1 . 15 (3) 20. Solicitation of a minor to engage in an illegal 16 act under section 709.8, subsection 3 , in violation of section 17 705.1 . 18 (4) 21. Solicitation of a minor to engage in an illegal act 19 under section 709.12 , in violation of section 705.1 . 20 (5) 22. False imprisonment of a minor in violation of 21 section 710.7 , except if committed by a parent. 22 (6) 23. Assault with intent to commit sexual abuse if no 23 injury results in violation of section 709.11 . 24 (7) 24. Invasion of privacy —— nudity in violation of 25 section 709.21 . 26 (8) 25. Stalking in violation of section 708.11, subsection 27 3 , paragraph “b” , subparagraph (3), if a determination is made 28 that the offense was sexually motivated pursuant to section 29 692A.126 . 30 (9) 26. Indecent contact with a child in violation of 31 section 709.12 , if the child is thirteen years of age. 32 (10) 27. Lascivious conduct with a minor in violation of 33 section 709.14 . 34 (11) 28. Sexual exploitation by a counselor, therapist, or 35 -3- LSB 2091XC (16) 85 jm/rj 3/ 16
S.F. _____ school employee in violation of section 709.15 , if the victim 1 is thirteen years of age or older. 2 (12) 29. Sexual misconduct with offenders and juveniles in 3 violation of section 709.16 , if the victim is thirteen years of 4 age or older. 5 (13) 30. Sexual abuse of a corpse in violation of section 6 709.18 . 7 (14) 31. Kidnapping of a person who is not a minor in 8 violation of section 710.2 , 710.3 , or 710.4 , if a determination 9 is made that the offense was sexually motivated pursuant to 10 section 692A.126 . 11 (15) 32. Pandering in violation of section 725.3 . 12 (16) 33. Solicitation of a minor to engage in an illegal 13 act under section 725.3, subsection 2 , in violation of section 14 705.1 . 15 (17) 34. Incest committed against a dependent adult as 16 defined in section 235B.2 in violation of section 726.2 . 17 (18) 35. Incest committed against a minor in violation of 18 section 726.2 . 19 (19) 36. Sexual exploitation of a minor in violation of 20 section 728.12, subsection 2 or 3. 21 (20) 37. Material involving the sexual exploitation of a 22 minor in violation of 18 U.S.C. § 2252(a), except receipt or 23 possession of child pornography. 24 (21) 38. Production of sexually explicit depictions of 25 a minor for import into the United States in violation of 18 26 U.S.C. § 2260. 27 (22) 39. Transportation of a minor for illegal sexual 28 activity in violation of 18 U.S.C. § 2421. 29 (23) 40. Coercion and enticement of a minor for illegal 30 sexual activity in violation of 18 U.S.C. § 2422(a) or (b). 31 (24) 41. Transportation of minors for illegal sexual 32 activity in violation of 18 U.S.C. § 2423(a). 33 (25) 42. Travel with the intent to engage in illegal sexual 34 conduct with a minor in violation of 18 U.S.C. § 2423. 35 -4- LSB 2091XC (16) 85 jm/rj 4/ 16
S.F. _____ (26) 43. Engaging in illicit sexual conduct in foreign 1 places in violation of 18 U.S.C. § 2423(c). 2 (27) 44. Video voyeurism of a minor in violation of 18 3 U.S.C. § 1801. 4 (28) Any sex offense specified in the laws of another 5 jurisdiction or any offense that may be prosecuted in a 6 federal, military, or foreign court, that is comparable to an 7 offense listed in subparagraphs (1) through (27). 8 (29) Any sex offense under the prior laws of this state 9 or another jurisdiction, or any sex offense under prior law 10 that was prosecuted in a federal, military, or foreign court, 11 that is comparable to a sex offense listed in subparagraphs (1) 12 through (27). 13 c. Tier III offenses include a conviction for the following 14 sex offenses: 15 (1) 45. Murder in violation of section 707.2 or 707.3 if 16 sexual abuse as defined in section 709.1 is committed during 17 the commission of the offense. 18 (2) 46. Murder in violation of section 707.2 or 707.3 , if 19 a determination is made that the offense was sexually motivated 20 pursuant to section 692A.126 . 21 (3) 47. Voluntary manslaughter in violation of section 22 707.4 , if a determination is made that the offense was sexually 23 motivated pursuant to section 692A.126 . 24 (4) 48. Involuntary manslaughter in violation of section 25 707.5 , if a determination is made that the offense was sexually 26 motivated pursuant to section 692A.126 . 27 (5) 49. Attempt to commit murder in violation of section 28 707.11 , if a determination is made that the offense was 29 sexually motivated pursuant to section 692A.126 . 30 (6) 50. Penetration of the genitalia or anus with an object 31 in violation of section 708.2, subsection 5 . 32 (7) 51. Sexual abuse in the first degree in violation of 33 section 709.2 . 34 (8) 52. Sexual abuse in the second degree in violation of 35 -5- LSB 2091XC (16) 85 jm/rj 5/ 16
S.F. _____ section 709.3, subsection 1 or 3 . 1 (9) 53. Sexual abuse in the second degree in violation of 2 section 709.3, subsection 2 , if committed by a person fourteen 3 years of age or older. 4 (10) 54. Sexual abuse in the third degree in violation of 5 section 709.4, subsection 1, 3, or 4 , if committed by a person 6 fourteen years of age or older. 7 (11) 55. Sexual abuse in the third degree in violation of 8 section 709.4, subsection 2 , paragraph “a” or “b” , if committed 9 by a person fourteen years of age or older. 10 (12) 56. Lascivious acts with a child in violation of 11 section 709.8, subsection 1 or 2 . 12 (13) 57. Kidnapping in violation of section 710.2 if sexual 13 abuse as defined in section 709.1 is committed during the 14 commission of the offense. 15 (14) 58. Kidnapping of a minor in violation of section 16 710.2 , 710.3 , or 710.4 , if a determination is made that the 17 offense was sexually motivated pursuant to section 692A.126 . 18 (15) 59. Assault with intent to commit sexual abuse 19 resulting in serious or bodily injury in violation of section 20 709.11 . 21 (16) 60. Burglary in the first degree in violation of 22 section 713.3, subsection 1 , paragraph “d” . 23 (17) 61. Any other burglary in the first degree offense in 24 violation of section 713.3 that is not included in subparagraph 25 (16) subsection 60 , if a determination is made that the offense 26 was sexually motivated pursuant to section 692A.126 . 27 (18) 62. Attempted burglary in the first degree in 28 violation of section 713.4 , if a determination is made that the 29 offense was sexually motivated pursuant to section 692A.126 . 30 (19) 63. Burglary in the second degree in violation of 31 section 713.5 , if a determination is made that the offense was 32 sexually motivated pursuant to section 692A.126 . 33 (20) 64. Attempted burglary in the second degree in 34 violation of section 713.6 , if a determination is made that the 35 -6- LSB 2091XC (16) 85 jm/rj 6/ 16
S.F. _____ offense was sexually motivated pursuant to section 692A.126 . 1 (21) 65. Burglary in the third degree in violation of 2 section 713.6A , if a determination is made that the offense was 3 sexually motivated pursuant to section 692A.126 . 4 (22) 66. Attempted burglary in the third degree in 5 violation of section 713.6B , if a determination is made 6 that the offense was sexually motivated pursuant to section 7 692A.126 . 8 (23) 67. Criminal transmission of human immunodeficiency 9 virus in violation of section 709C.1, subsection 1 , paragraph 10 “a” . 11 (24) 68. Human trafficking in violation of section 710A.2 12 if sexual abuse or assault with intent to commit sexual abuse 13 is committed or sexual conduct or sexual contact is an element 14 of the offense. 15 (25) 69. Purchase or sale of an individual in violation of 16 section 710.11 if a determination is made that the offense was 17 sexually motivated pursuant to section 692A.126 . 18 (26) 70. Sexual exploitation of a minor in violation of 19 section 728.12, subsection 1 . 20 (27) 71. Indecent contact with a child in violation of 21 section 709.12 if the child is under thirteen years of age. 22 (28) 72. Sexual exploitation by a counselor, therapist, or 23 school employee in violation of section 709.15 , if the child 24 is under thirteen years of age. 25 (29) 73. Sexual misconduct with offenders and juveniles 26 in violation of section 709.16 , if the child is under thirteen 27 years of age. 28 (30) 74. Child stealing in violation of section 710.5 , if 29 a determination is made that the offense was sexually motivated 30 pursuant to section 692A.126 . 31 (31) 75. Enticing a minor in violation of section 710.10 , 32 if the violation includes an intent to commit sexual abuse, 33 sexual exploitation, sexual contact, or sexual conduct directed 34 towards a minor. 35 -7- LSB 2091XC (16) 85 jm/rj 7/ 16
S.F. _____ (32) 76. Solicitation of commercial sexual activity in 1 violation of section 710A.2A . 2 (33) 77. Sex trafficking of children in violation of 18 3 U.S.C. § 1591. 4 (34) 78. Aggravated sexual abuse in violation of 18 U.S.C. 5 § 2241. 6 (35) 79. Sexual abuse in violation of 18 U.S.C. § 2242. 7 (36) 80. Sexual abuse of a minor or ward in violation of 8 18 U.S.C. § 2243. 9 (37) 81. Abusive sexual contact in violation of 18 U.S.C. 10 § 2244. 11 (38) 82. Offenses resulting in death in violation of 18 12 U.S.C. § 2245. 13 (39) 83. Sexual exploitation of children in violation of 14 18 U.S.C. § 2251. 15 (40) 84. Selling or buying of children in violation of 18 16 U.S.C. § 2251A. 17 (41) 85. Any sex offense specified in the laws of another 18 jurisdiction or any sex offense that may be prosecuted in 19 federal, military, or foreign court, that is comparable to an 20 offense listed in subparagraphs (1) through (40) this section . 21 (42) 86. Any sex offense under the prior laws of this state 22 or another jurisdiction, or any sex offense under prior law 23 that was prosecuted in federal, military, or foreign court, 24 that is comparable to a sex offense listed in subparagraphs (1) 25 through (40) this section . 26 2. A sex offender classified as a tier I offender shall be 27 reclassified as a tier II offender, if it is determined the 28 offender has one previous conviction for an offense classified 29 as a tier I offense. 30 3. A sex offender classified as a tier II offender, shall be 31 reclassified as a tier III offender, if it is determined the 32 offender has a previous conviction for a tier II offense or has 33 been reclassified as a tier II offender because of a previous 34 conviction. 35 -8- LSB 2091XC (16) 85 jm/rj 8/ 16
S.F. _____ 4. Notwithstanding the classifications of sex offenses 1 in subsection 1 , any sex offense which would qualify a sex 2 offender as a sexually violent predator shall be classified as 3 a tier III offense. 4 5. An offense classified as a tier II offense if committed 5 against a person under thirteen years of age shall be 6 reclassified as a tier III offense. 7 6. Convictions of more than one sex offense which require 8 registration under this chapter but which are prosecuted within 9 a single indictment shall be considered as a single offense for 10 purposes of registration. 11 Sec. 2. NEW SECTION . 692A.102A Assessment of risks —— 12 tiers. 13 1. The department of corrections, the department of human 14 services, and the department of public safety shall, in 15 consultation with one another, develop methods and procedures 16 for the assessment of the risk to reoffend for a sex offender 17 newly required to register under this chapter on or after July 18 1, 2013, or for an offender required to register prior to 19 July 1, 2013, but who have not registered. The department 20 of corrections, in consultation with the department of human 21 services, the department of public safety, and the attorney 22 general, shall adopt rules relating to assessment procedures. 23 The assessment procedures shall include procedures for the 24 sharing of information between the department of corrections, 25 department of human services, the juvenile court, and the 26 division of criminal investigation of the department of public 27 safety, as well as the communication of the results of the risk 28 assessment to criminal and juvenile justice agencies. The 29 assignment of responsibility for the assessment of risk shall 30 be as follows: 31 a. The department of corrections or a judicial district 32 department of correctional services shall perform the 33 assessment of risk for sex offenders who are incarcerated 34 in institutions under the control of the director of 35 -9- LSB 2091XC (16) 85 jm/rj 9/ 16
S.F. _____ the department of corrections, persons who are under the 1 supervision of the department of corrections or a judicial 2 district department of correctional services, and sex offenders 3 who are under the supervision or control of the department of 4 corrections or a judicial district department of correctional 5 services through an interstate compact. 6 b. The department of human services shall perform the 7 assessment of risk for sex offenders who are confined in 8 institutions under the control of the director of human 9 services, sex offenders who are under the supervision of the 10 department of human services, and sex offenders who are under 11 the supervision or control of the department of human services 12 through an interstate compact. 13 c. The division of criminal investigation of the department 14 of public safety shall perform the assessment of risk for 15 sex offenders who have moved to Iowa but are not under the 16 supervision of the department of corrections, a judicial 17 district department of correctional services, or the department 18 of human services; federal parolees or probationers; sex 19 offenders who have been released from a county jail but are 20 not under the supervision of the department of corrections, 21 a judicial district department of correctional services, 22 a juvenile court officer of the judicial branch, or the 23 department of human services; and persons who are convicted 24 and released by the courts and are not incarcerated or placed 25 under supervision pursuant to the court’s sentencing order. 26 Assessments of sex offenders who have moved to Iowa and sex 27 offenders on federal parole or probation shall be performed 28 on an expedited basis if the sex offender was classified as a 29 person with a high degree of likelihood of reoffending by the 30 other jurisdiction or the federal government. 31 d. A juvenile court officer shall perform the assessment of 32 risk for a juvenile sex offender who is adjudicated delinquent 33 for a criminal offense listed in section 692A.102 and who is 34 under the juvenile court officer’s supervision. 35 -10- LSB 2091XC (16) 85 jm/rj 10/ 16
S.F. _____ 2. The department of public safety shall be responsible 1 for disclosing the classification of risk information to a 2 criminal or juvenile justice agency for law enforcement, 3 prosecution, or for public notification purposes. The results 4 of the assessment of risk shall be disclosed as other relevant 5 information is disclosed under section 692A.121. 6 3. A sex offender on the sex offender registry prior to July 7 1, 2013, and who is on the sex offender registry on or after 8 July 1, 2013, shall remain in the tier classification assigned 9 to the sex offender as of July 1, 2013, until such time that a 10 risk assessment is performed pursuant to this section. 11 Sec. 3. NEW SECTION . 692A.102B Tiers. 12 After the assessment of risk has been performed pursuant 13 to section 602A.102A, a sex offender assessed a high risk 14 to reoffend shall be classified a tier III offender, a 15 sex offender assessed a moderate risk to reoffend shall be 16 classified as a tier II offender, and a sex offender assessed a 17 low risk to reoffend shall be classified a tier I offender. 18 Sec. 4. Section 692A.103, subsection 1, unnumbered 19 paragraph 1, Code 2013, is amended to read as follows: 20 A person who has been convicted of any sex offense classified 21 as a tier I, tier II, or tier III offense , or an offender 22 required to register in another jurisdiction under the other 23 jurisdiction’s sex offender registry, shall register as a sex 24 offender as provided in this chapter if the offender resides, 25 is employed, or attends school in this state. A sex offender 26 shall, upon a first or subsequent conviction, register in 27 compliance with the procedures specified in this chapter , for 28 the duration of time specified in this chapter , commencing as 29 follows: 30 Sec. 5. Section 692A.121, subsection 2, paragraph b, 31 subparagraph (1), Code 2013, is amended by adding the following 32 new subparagraph division: 33 NEW SUBPARAGRAPH DIVISION . (i) The classification that 34 results from risk assessment performed pursuant to section 35 -11- LSB 2091XC (16) 85 jm/rj 11/ 16
S.F. _____ 692A.102A. 1 Sec. 6. Section 692A.125, subsection 1, Code 2013, is 2 amended to read as follows: 3 1. The registration requirements of this chapter shall 4 apply to sex offenders convicted on or after July 1, 2009, of a 5 sex offense classified enumerated under section 692A.102 . 6 DIVISION II 7 STATUTE OF LIMITATIONS —— SEXUAL ABUSE 8 Sec. 7. Section 802.2, Code 2013, is amended by striking the 9 section and inserting in lieu thereof the following: 10 802.2 Sexual abuse —— first, second, or third degree. 11 1. A prosecution for sexual abuse in the first, second, or 12 third degree may be commenced at any time after the commission 13 of the act. 14 2. If the person against whom an information or indictment 15 is sought for prosecution under subsection 1 is identified 16 through the use of a DNA profile, the information or indictment 17 may be commenced at any time. 18 Sec. 8. Section 802.10, subsection 1, paragraph b, Code 19 2013, is amended to read as follows: 20 b. “Identified” means the same as defined in section 802.2 a 21 person’s legal name is known and the person has been determined 22 to be the source of the DNA . 23 DIVISION III 24 MISSING CHILDREN SAFETY REVOLVING FUND —— APPROPRIATION 25 Sec. 9. NEW SECTION . 80.44 Missing children safety —— 26 revolving fund. 27 1. A missing children safety revolving fund is created in 28 the state treasury under the control of the department. The 29 fund shall consist of appropriations made to the fund and 30 transfers of interest, earnings, and moneys from other funds 31 as provided by law. 32 2. The department shall use the moneys in the fund for 33 establishing and supporting joint training and best practice 34 protocols between state and local law enforcement agencies for 35 -12- LSB 2091XC (16) 85 jm/rj 12/ 16
S.F. _____ finding missing children. The best practice protocols shall 1 include but not be limited to the following: 2 a. A statewide alert system separate from the amber alert 3 system. 4 b. An active alert system based upon geographic proximity 5 to the location involving the missing child using electronic 6 and social media. 7 c. The establishment of voluntary community neighborhood 8 search teams that can be mobilized within two hours of the 9 report of a missing child. 10 d. The establishment of a statewide human trafficking task 11 force with the capability to coordinate a search for a missing 12 child based upon localized knowledge of human trafficking in 13 the area where the child is reported missing. 14 3. The department shall submit an annual report not later 15 than January 31 to the members of the general assembly and the 16 legislative services agency of the training activities funded 17 by and expenditures made from the revolving fund during the 18 preceding fiscal year. 19 4. Notwithstanding section 8.33, moneys in the fund at the 20 end of a fiscal year shall not revert to the general fund of the 21 state. Notwithstanding section 12C.7, subsection 2, interest 22 or earnings on moneys in the fund shall be credited to the 23 fund. 24 Sec. 10. MISSING CHILDREN SAFETY —— REVOLVING FUND. There 25 is appropriated from the general fund of the state to the 26 department of public safety for the fiscal year beginning July 27 1, 2013, and ending June 30, 2014, the following amount, or 28 so much thereof as is necessary, to be used for the purposes 29 designated: 30 For deposit in the missing children safety fund created in 31 section 80.44: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 33 EXPLANATION 34 This bill makes modifications to the sex offender registry 35 -13- LSB 2091XC (16) 85 jm/rj 13/ 16
S.F. _____ and the statute of limitations for sex abuse offenses, creates 1 a missing children safety fund, and makes appropriations. 2 DIVISION I —— SEX OFFENDER REGISTRY. The bill modifies the 3 application of the tier structure of the sex offender registry. 4 Under the bill, a person newly required to register under 5 this Code chapter on or after July 1, 2013, or a person 6 required to register prior to July 1, 2013, but who has not yet 7 registered as of July 1, 2013, is required to undergo a risk 8 assessment. 9 The bill requires the department of corrections to 10 perform the risk assessment of sex offenders incarcerated 11 in the institutions under the control of the department of 12 corrections, or for persons under the supervision of the 13 department of corrections or judicial district department of 14 correctional services. The bill requires the department of 15 human services to perform the risk assessment for sex offenders 16 confined in institutions under the control of the department 17 or under supervision of the department. The bill requires the 18 division of criminal investigation of the department of public 19 safety to perform the risk assessment for sex offenders who 20 move to this state but who are not under supervision and for 21 offenders convicted in this state on or after July 1, 2013, 22 and who are not placed under supervision. The bill requires 23 a juvenile court officer to perform the risk assessment 24 for a juvenile who is adjudicated delinquent and under the 25 supervision of the juvenile court officer. 26 The bill requires the results of the risk classification to 27 be disclosed to the general public through the sex offender 28 registry internet site. 29 The bill provides that a person assessed a high risk to 30 reoffend shall be classified a tier III offender. A tier III 31 offender is required to appear at the sheriff’s office, allow 32 the sheriff to photograph the offender, and to verify relevant 33 information every three months. 34 The bill provides that a person assessed a moderate risk to 35 -14- LSB 2091XC (16) 85 jm/rj 14/ 16
S.F. _____ reoffend shall be classified a tier II offender. A tier II 1 offender is required to appear at the sheriff’s office, allow 2 the sheriff to photograph the offender, and to verify relevant 3 information every six months. 4 The bill provides that a person assessed a low risk to 5 reoffend shall be classified a tier I offender. A tier I 6 offender is required to appear at the sheriff’s office, allow 7 the sheriff to photograph the offender, and to verify relevant 8 information once a year. 9 Under current law, the tier classification of a person is 10 based upon the type of offense committed, not the results of a 11 risk assessment as provided in the bill. 12 DIVISION II —— STATUTE OF LIMITATIONS —— SEXUAL ABUSE. The 13 bill eliminates the statute of limitations for the criminal 14 prosecution of sexual abuse in the first, second, or third 15 degree. The bill provides that a prosecution for sexual abuse 16 in the first, second, or third degree may be commenced at any 17 time after the commission of the act. 18 The bill further provides that if the person against whom 19 an information or indictment is sought for prosecution is 20 identified through the use of a DNA profile, the information or 21 indictment may be commenced at any time. 22 Under current law, a prosecution for sexual abuse in the 23 first, second, or third degree shall be found within 10 24 years after its commission, or if the person against whom the 25 information or indictment is sought is identified through the 26 use of a DNA profile, an information or indictment shall be 27 found within three years from the date the person is identified 28 by the person’s DNA profile, whichever is later. 29 In addition, under current law, a prosecution for sexual 30 abuse in the first, second, or third degree committed on or 31 with a person who is under 18 years of age shall be found within 32 10 years after the victim attains 18 years of age, or if the 33 person against whom the information or indictment is sought is 34 identified through the use of a DNA profile, an information or 35 -15- LSB 2091XC (16) 85 jm/rj 15/ 16
S.F. _____ indictment shall be found within three years from the date the 1 person is identified by the person’s DNA profile, whichever is 2 later. 3 DIVISION III —— MISSING CHILDREN SAFETY REVOLVING FUND —— 4 APPROPRIATIONS. The bill creates a missing children safety 5 revolving fund in the state treasury under the control of 6 the department of public safety. The bill requires the 7 department of public safety to use the moneys in the fund for 8 establishing and supporting joint training and best practice 9 protocols between state and local law enforcement agencies for 10 finding missing children. The best practice protocols shall 11 include but not be limited to the following: a statewide 12 alert system separate from the amber alert system; an active 13 alert system based upon geographic proximity to the location 14 involving the missing child using electronic and social media; 15 the establishment of voluntary community neighborhood search 16 teams that can be mobilized within two hours of the report of 17 a missing child; and the establishment of a statewide human 18 trafficking task force with the capability to coordinate a 19 search for a missing child based upon localized knowledge of 20 human trafficking in the area where the child is reported 21 missing. 22 The bill appropriates $2 million to the department of public 23 safety for deposit in the missing children safety revolving 24 fund for FY 2013-2014. 25 -16- LSB 2091XC (16) 85 jm/rj 16/ 16